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October 9, 2007
Hagerstown, Maryland
The regular meeting of the Board of County Commissioners of
Washington County, Maryland was called to order at 1:10
p.m. by President John F. Barr with the following members
present: Vice President Terry L. Baker, and Commissioners
Kristin B. Aleshire, James F. Kercheval, and William J.
Wivell.
CONVENE IN CLOSED SESSION
Motion made by Commissioner Aleshire, seconded by Wivell,
to convene in closed session at 1:10 p.m. to discuss the
appointment, employment, assignment, promotion,
compensation, and/or performance evaluation of appointees,
employees, or officials over whom it has jurisdiction; and
personnel matters that affect one or more specific
individuals, in accordance with Section 10-508 of the State
Government Article of the Annotated Code of Maryland.
Unanimously approved.
RECONVENE IN OPEN SESSION
Motion made by Commissioner Aleshire, seconded by
Kercheval, to reconvene in open session at 2:05 p.m.
Unanimously approved.
In closed session, the Commissioners discussed the
appointment, employment, assignment, promotion, and/or
compensation of appointees, employees or officials over
whom it has jurisdiction; and discussed personnel matters
that affect one or more specific individuals. Present
during closed session were Commissioners John F. Barr,
Terry L. Baker, Kristin B. Aleshire, James F. Kercheval,
and William J. Wivell. Also present at various times were:
Gregory Murray, County Administrator; Joni Bittner, County
Clerk; Joseph Kroboth, III, Director of Public Works; Terry
McGee, Chief Engineer; and Dee Hawbaker, Acting Human
Resources Director.
EMPLOY CIVIL ENGINEER – RELATED EQUITY ISSUES
Motion made by Commissioner Aleshire, seconded by
Kercheval, to employ Greg Barnes as Civil Engineer (Grade
15) in the Engineering Department at a starting salary of
$71,000. Commissioner Aleshire amended the Main Motion,
seconded by Kercheval, to include increasing the salaries
of the other three civil engineers, all Grade 15, to
$71,000 in order to provide for internal equity. The
Motion as amended carried with Commissioners Aleshire,
Kercheval, and Barr voting “AYE” and Commissioners Wivell
and Baker voting “NO.”
Commissioner Wivell stated for the record that he is not
opposed to the hiring of Mr. Barnes, but felt the County
could have counter-offered which would not have created
internal equity issues.
HAGERSTOWN AND WASHINGTON COUNTY GROWTH AREA LAND USE
DESIGNATIONS
Mike Thompson, Director of Planning & Community
Development, and Stephen Goodrich, Chief Planner, met with
the Commissioners to provide additional background
information on the City of Hagerstown’s land use
assignments in the draft of their Comprehensive Plan. Mr.
Goodrich stated that the Commissioners requested this
information when staff informed them of the differing land
use delegations in the respective growth areas of the City
and County. Mr. Goodrich recommended that the
Commissioners send correspondence to the Hagerstown Mayor
and Council acknowledging that certain parcels of land have
differing land use designations, indicating that the County
would give further consideration to those parcels during
the planned 2008 update of the Comprehensive Plan and
during any future annexation proposals, in an attempt to
achieve consistency.
Mr. Goodrich reviewed each of the parcels in question,
including the County’s designation, the proposed City
designation, and the resolution. After discussion, the
Commissioners directed Mr. Goodrich to draft correspondence
to the City incorporating their comments and asked that he
provide it to them for their review prior to mailing.
EXCISE TAX TASK FORCE REPORT
John Schnebly, Chair of the Excise Tax Task Force, appeared
before the Commissioners to present the report on the
building excise tax rate and review the Task Force’s
recommendations with them. Mr. Schnebly
OCTOBER 9, 2007
PAGE TWO
introduced the Committee members in attendance. He stated
that the two most significant changes being recommended are
the elimination of many of the exemptions and that the
excise tax be assessed on a gross square footage basis for
both residential and non-residential construction within
the County. He reviewed the following recommendations: 1)
The current matrix be eliminated and replaced with a flat
fee for non-residential construction. 2) The flat fee for
non-residential construction should be set at $0.75 per
foot for all construction. 3) Exemptions (j) and (k), non-
residential construction, as set forth in Section 5 of the
ordinance should be eliminated. 4) Section 3B, non-
residential construction, should be revised to eliminate
subsections (d) and (e). 5) The Commissioners explore with
the Delegation the possibility of having an annual
escalator index cost adjustment mechanism for the
commercial portion of the building excise tax. 6) The
exemption (Section 5(h)) for Elderly Housing should be
removed and a separate policy developed by the Board of
County Commissioners with regard to affordable/workforce
housing. 7) Excise Tax on residential construction should
be based on construction activity (defined by square
footage) instead of dwelling units. 8) Excise Tax is
assessed on all residential additions, but at a rate of 50%
of the indicated rate for new construction. 9) Excise tax
charge for multi-family residential units (townhouses and
duplexes) should be charged a rate comparable to that of
single-family residential units based on the total square
footage of each unit. 10) The exemptions for farm
construction, government construction, residential
accessory structures, schools, redevelopment areas,
enterprise zones and religious corporations shall remain
upon review and clarification of definitions. 11) Section
7(e) of the ordinance should be revised to eliminate “that
primarily provide additional capacity.” 12) Section 13
relating to Affordable and Workforce Housing should be
eliminated from this ordinance and dealt with in a separate
ordinance. 13) The provisions for the doubling of the tax
as set forth in Section 3A(b) should be eliminated. 14) A
flat rate of $2.00 per square foot to be applied to all
habitable square footage for single-family, duplexes and
townhouse units including additions.
Donna Brightman, member of the Committee, stated that the
Board of Education would be discussing the Task Force’s
recommendations at a future meeting and would follow-up
with the Commissioners. The meeting was then opened for
discussion and questions from the Commissioners.
Commissioner Kercheval stated that he has a hard time
understanding their recommendation for a $2.00 per square
foot fee since that would put the County at a large
deficit. Mr. Schnebly stated that the Committee was
divided on the amount to recommend for a square footage
fee, but by a one-vote majority agreed that $2.00 per
square foot was appropriate. Greg Murray, County
Administrator, indicated that he would include time on next
week’s agenda to discuss the recommendations outlined in
the Task Force’s report. Commissioner Kercheval stated
that they would need additional budgetary information prior
to that discussion. The Commissioners stated that they
plan to finalize the recommendations in a few weeks in
order to allow them to present it to the Delegation to the
General Assembly.
2007 MARYLAND INSTITUTE OF EMERGENCY MEDICAL SERVICES
SYSTEMS (MIEMSS) GRANT
Motion made by Commissioner Aleshire, seconded by Baker, to
accept a grant of $2,278 from the Maryland Institute of
Emergency Medical Services Systems (MIEMSS) to offset
operating costs associated with the Emergency Medical
Dispatch protocol program and to authorize the Director of
the Division of Fire and Emergency Services to execute a
Memorandum of Agreement with MIEMSS. Unanimously approved.
CONTRACT RENEWAL – JURISDICTIONAL EMERGENCY MEDICAL
SERVICES (EMS) MEDICAL DIRECTOR
Motion made by Commissioner Aleshire, seconded by
Kercheval, to approve the renewal of the contract with Dr.
Vincent Cantone to act as Jurisdictional EMS Medical
Director for a one-year period retroactive to September 1,
2007 through September 1, 2008, for the budgeted amount of
$25,000. Unanimously approved.
OCTOBER 9, 2007
PAGE THREE
RECESS
The Commissioners recessed at 4:25 p.m.
EVENING SESSION – TOWN OF WILLIAMSPORT
The regular meeting of the Board of County Commissioners of
Washington County, Maryland was called to order at 7:10
p.m. at the Williamsport Town Hall by President John F.
Barr with the following members present: Vice President
Terry L. Baker, and Commissioner James F. Kercheval and
William J. Wivell. Commissioner Aleshire was absent from
the evening meeting.
INVOCATION AND PLEDGE OF ALLEGIANCE
The Invocation was delivered by Commissioner Barr, followed
by the Pledge of Allegiance to the Flag by the full
assemblage.
COMMISSIONERS’ REPORTS AND COMMENTS
Commissioner Baker reported on the Recreation and Parks
Board meeting. He thanked the Town of Williamsport for
hosting the meeting.
Commissioner Kercheval stated that the City/County “2+2”
Committee discussed the False Alarm Ordinance, the
Memorandum of Understanding with the State Highway
Administration on the U.S. Route 40/Edgewood Drive project,
and the leash law being proposed by the City Council.
Commissioner Barr stated that he and County Administrator
Greg Murray met with Dr. Guy Altieri, President of
Hagerstown Community College (HCC), and several members of
their Board of Trustees to discuss future initiatives.
COUNTY ADMINISTRATOR’S COMMENTS
Greg Murray, County Administrator, thanked the Mayor and
Council for meeting with them and reminded those in
attendance that they can listen to the County
Commissioners’ meetings on their computers through the
County’s Internet website at www.washco-md.net. He stated
that they found that a receivable of $78,000 on the
County’s books for the Town of Williamsport had previously
been paid. Mr. Murray stated that Commissioner Aleshire
was out of town on business and conveyed his apologies for
not being in attendance.
REPORTS FROM COUNTY STAFF
Sheriff Mullendore informed Town officials that Deputy
Crowder, who is assigned to the Town of Williamsport, would
be leaving for six months on National Guard duty and stated
that his position would be filled by another deputy during
that time.
Norman Bassett, Disabilities Coordinator, informed the
Commissioners that the Regional Disabilities Forum is
scheduled to be held at the Robinwood Medical Center on
October 15.
DISCUSSION ITEMS WITH WILLIAMSPORT MAYOR AND COUNCIL
Mayor James McCleaf introduced Town Council members Gloria
Bitner, Earle Pereschuck, Jeff Cline, Monty Jones and James
Kalbfleisch. He thanked the Commissioners for the
assistance of the County’s staff on a number of Town
projects. Councilman Pereschuck asked for a waiver to
allow the Town to recycle Christmas trees at the landfill.
CITIZEN’S PARTICIPATION
Per-Olof Bachman appeared before the Commissioners to
express his concerns regarding a situation near their home
on Manor Church Road. Mr. Bachman stated that a
neighboring property owner was given approval by the Board
of Zoning Appeals to use their property as a Bed and
Breakfast, but they are now holding large events on the
property. He cited problems with noise, traffic, and sight
distances. The Commissioners agreed to look into the
matter to see if there are any ongoing violations.
ADJOURNMENT
Motion made by Commissioner Wivell, seconded by Baker, to
adjourn at 8:00 p.m. Unanimously approved.
OCTOBER 9, 2007
PAGE FOUR
_____________________________,
County Administrator
_____________________________,
County Attorney
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County Clerk